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Zoning, Planning & Land Use Conflict of Laws

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:
Farrell Fritz, P.C.

Nonconforming Use or Nonconforming Structure: That is the Question

Farrell Fritz, P.C. on

Uses and structures that do not conform to a zoning ordinance are deemed “nonconforming uses” and “nonconforming structures,” respectively. Uses relate to the utilization of land (e.g. type of activity/operation), whereas...more

Holland & Knight LLP

Cities Relying on Housing Overlays May Face "Builder's Remedy" Under New Court Decision

Holland & Knight LLP on

California's Second District Court of Appeal recently held that local governments cannot satisfy their Regional Housing Needs Allocation (RHNA) obligations by using zoning "overlays" that allow, but do not require,...more

Latham & Watkins LLP

EPA Grants Texas Primacy Over Class VI Carbon Storage Wells

Latham & Watkins LLP on

The rule positions the Railroad Commission of Texas as the primary permitting authority over Class VI wells and could expedite CCS projects in the state....more

Cozen O'Connor

New York City Council Approves Long Island City Neighborhood Plan

Cozen O'Connor on

On November 12, 2025, the New York City Council approved the city-led OneLIC Neighborhood Plan (OneLIC), rezoning 54 full or partial blocks in Long Island City, Queens. The city projects that OneLIC will result in the...more

Ballard Spahr LLP

Data Centers, Local Zoning, and Land Development: How to Protect Your Project From Costly Delays

Ballard Spahr LLP on

Data center development continues to surge, yet local zoning and land development frameworks have not kept pace. Across the country, projects are encountering delays and added risk due to outdated ordinances, procedural gaps,...more

Vorys, Sater, Seymour and Pease LLP

U.S. EPA and Army Corps Propose Revisions to Definition of WOTUS

On November 17, 2025, U.S. EPA and the Army Corps announced proposed revisions to the 2023 definition of “waters of the United States” (WOTUS) which the Agencies expect “to be deregulatory in nature” – i.e. narrowing the...more

Adaptive Reuse of Vacant Real Estate for Data Centers: Investor Takeaways from the Cboe Headquarters Flip

Professional investors eyeing data center opportunities may want to consider adaptive reuse of vacant real estate assets. A recent Chicago transaction demonstrates how power provisioning and strategic repositioning can unlock...more

Sheppard Mullin Richter & Hampton LLP

California Battery Energy Storage Systems Legislation Update: Safety Requirements and AB 205 “Opt-In” Procedures Amended

In the wake of a catastrophic battery storage facility fire in Moss Landing in January that burned over half the batteries in a 300-megawatt (MW) installation in Monterey County, 2025 has been a rollercoaster year for Battery...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trespass/Nuisance: Family Trust Files Benton County, Arkansas Circuit Court Action Lowell Facility Alleging Illegal Mining/Dumping

The Trustees of the McJunkins Family Trust U/A (“Trust”) filed a November 11th pleading in the Circuit Court of Benton County, Arkansas styled: Complaint at Law and Request for Injunctive Relief with Request for Emergency...more

DarrowEverett LLP

Florida Ruling Raises Bar for Condo Terminations and Buyouts

DarrowEverett LLP on

On October 14, 2025, in a landmark decision with significant implications for the Florida real estate market, the Supreme Court of Florida formally denied Two Roads Development’s (TRD Biscayne LLC) petition for review in its...more

Hogan Lovells

UK ESG Real Estate Update - Winter 2025

Hogan Lovells on

In our latest ESG update, Adam Balfour considers the ‘S' in ESG, Ben Willis considers the green terms in data centre leases, Rosie Shields updates us on The Planning and Infrastructure Bill and Paul Stones and Ingrid Stables...more

Mayer Brown

Legal Developments in Construction Law: November 2025

Mayer Brown on

1. ADJUDICATOR’S JURISDICTION TO ORDER PAYMENT OF AN INTERIM APPLICATION NOTIFIED SUM WITHIN A TRUE VALUE ADJUDICATION- The  recent case of VMA Services Limited v Project One London Limited [2025] EWHC 1815 (TCC)...more

Lowndes

Vertical Real Estate for a Horizontal World: Hacking the Data Center Campus with the Florida Condominium Act

Lowndes on

The demand for data centers, fueled by AI and cloud computing, is insatiable. In Florida, this "digital gold rush" is colliding with a trifecta of physical and regulatory barriers: a strained power grid vulnerable to...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy (UPDATED)

Vinson & Elkins LLP on

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Baker Botts L.L.P.

Texas Granted Primacy over Class VI Carbon Sequestration Wells

Baker Botts L.L.P. on

On November 12, 2025, the Railroad Commission of Texas (“RRC”) and U.S. Environmental Protection Agency (“EPA”) announced that EPA had granted Texas primary enforcement authority (“primacy”) under the Safe Drinking Water Act...more

Allen Matkins

California Environmental Law & Policy Update 11.14.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) is proposing to loosen requirements for companies to report on their uses of perfluoroalkyl and polyfluoroalkyl substances, or PFAS....more

Holland & Knight LLP

Texas Granted Primacy Over Class VI Wells, Streamlining Carbon Capture and Storage Permitting

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Nov. 12, 2025, announced a final rule granting the State of Texas primary implementation and enforcement authority (also known as primacy) for Class VI Underground Injection...more

Herbert Smith Freehills Kramer

Litigation to invalidate City of Yes zoning for housing opportunity dismissed

On November 12, 2025, Justice Lizette Colon of the Supreme Court of the State of New York, Richmond County, dismissed a petition challenging the City of Yes for Housing Opportunity zoning text amendment (COYHO). The...more

Fox Rothschild LLP

PA State Budget Imposes New Permitting Review Deadlines on PADEP

Fox Rothschild LLP on

The 2025-26 state budget signed into law yesterday by Pennsylvania Gov. Josh Shapiro contains a number of provisions that will require the Pennsylvania Department of Environmental Protection (PADEP) to complete its review of...more

Mintz - Energy & Sustainability Viewpoints

Massachusetts Reconsiders Nuclear Energy in Its Clean Power Mix - Update

On November 11, the House members of the Joint Committee on Telecommunications, Utilities and Energy voted to advance a new draft of a bill entitled An Act Relative to Energy Affordability, Clean Power, and Economic...more

Akerman LLP

New York City Council Approves the Long Island City Neighborhood Plan

Akerman LLP on

On November 12, 2025, the New York City Council approved the city-led Long Island City Neighborhood Plan known as OneLIC. OneLIC is designed to create significantly more housing, including the introduction of Mandatory...more

Kelley Drye & Warren LLP

Recycling Old Tricks: State AGs Probe Plastics Industry Collusion in Latest ESG Probe

Kelley Drye & Warren LLP on

This month, the attorneys general of Florida, Texas, Iowa, Nebraska, and Montana sent letters to various environmental groups expressing ​“collective concern” about potentially anti-competitive recycling practices....more

Allen Matkins

Sustainable Development and Land Use Update 11.12.25

Allen Matkins on

The San Diego Planning Commission unanimously approved a proposal last week to accelerate homebuilding in the city by softening historic preservation rules. Developers praised the new proposal as a sensible policy change that...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It (UPDATED)

Perkins Coie on

The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more

Levenfeld Pearlstein, LLC

People Over Parking: How Illinois’ Parking Reform Law Reshapes Opportunity for Developers and Property Owners

As part of a sweeping legislative package aimed at modernizing land use and supporting public transit, Illinois has enacted the People Over Parking Act (SB 2111)— a major policy shift for commercial real estate. Taking effect...more

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